JUDGMENT

K.R. Mohapatra, J. - This matter is taken up through video conferencing mode.

2. Heard Mr. G.N. Mishra, learned counsel for the Petitioner. None appears for the Opposite Parties in spite of valid service of notice as per office note dated 07.01.2021.

3. The Petitioner in this writ petition seeks to assail the order dated 17.08. 2019 (Annexure-2) passed by learned Addl. District JudgeII, Baripada in FAO No. 1 of 2016, whereby she confirmed the order dated 13.10.2015 (Annexure-1) passed by learned Civil Judge (Senior Division), Baripada in CMA No. 115 of 2014 (arising out of C.S. No. 304 of 2007) dismissing an application under Order IX Rule 13 C.P.C. filed by him.

4. Mr. Mishra, learned counsel for the Petitioner submits that the Petitioner as Defendant No.1 could not appear on the date of hearing of the suit due to his illness for which the suit for partition proceeded in his absence. Ex parte judgment was also passed on the very same day, i.e. on 26th June, 2013 and the decree was passed on 5th July, 2013 by learned Civil Judge (Senior Division), Baripada. The Petitioner thereafter filed CMA No. 115 of 2014 under Order IX Rule 13 C.P.C. for setting aside the ex parte decree,